756.010
Definitions. As
used in ORS chapters 756, 757, 758 and 759, except as otherwise specifically
provided or unless the context requires otherwise:
(1) “Commission”
means the Public Utility Commission of Oregon.
(2) “Commissioner”
means a member of the Public Utility Commission of Oregon.
(3) “Customer”
includes the patrons, passengers, shippers, subscribers, users of the service
and consumers of the product of a public utility or telecommunications utility.
(4) “Environmental
justice” means equal protection from environmental and health hazards and
meaningful public participation in decisions that affect the environment in
which people live, work, learn, practice spirituality and play.
(5) “Environmental
justice communities” includes communities of color, communities experiencing
lower incomes, tribal communities, rural communities, coastal communities,
communities with limited infrastructure and other communities traditionally
underrepresented in public processes and adversely harmed by environmental and
health hazards, including but not limited to seniors, youth and persons with
disabilities.
(6) “Municipality”
means any city, municipal corporation or quasi-municipal corporation.
(7) “Person”
includes individuals, joint ventures, partnerships, corporations and
associations or their officers, employees, agents, lessees, assignees, trustees
or receivers.
(8) “Public
utility” has the meaning given that term in ORS 757.005.
(9) “Rate” means
any fare, charge, joint rate, schedule or groups of rates or other remuneration
or compensation for service.
(10) “Service” is
used in its broadest and most inclusive sense and includes equipment and
facilities related to providing the service or the product served.
(11) “Telecommunications
utility” has the meaning given that term in ORS 759.005. [Amended by 1971 c.655
§2; 1973 c.776 §14; 1977 c.337 §1; 1985 c.834 §6; 1987 c.447 §75; 1991 c.841 §1;
1995 c.733 §52; 2021 c.90 §1]
COMMISSION POWERS AND
DUTIES
(Generally)
Notes of Decisions
Springfield Util. Bd. v. Emerald Pud, 125 P.3d 740 (Or. 2005).
· cites it 7× “The statutory definition of "municipality" set out in ORS 756.010(4) generally controls the meaning of that term in ORS 757.”
Springfield Util. Bd. v. Emerald People's Util. Dist., 84 P.3d 167 (Or. Ct. App. 2004).
· cites it 5× “” In turn, ORS 756.010(4) defines “municipality,” as used in ORS chapters 756, 757, 758, and 759, to mean “any city, municipal corporation or quasi-municipal corporation.”
Beaver Creek Coop. Tel. Co. v. Pub. Util. Comm'n, 50 P.3d 1231 (Or. Ct. App. 2002).
· cites it 3× “However, ORS 756.010 does provide the following definition: *568 “As used in ORS chapter! ] * * * 759, except as otherwise specifically provided or unless the context requires otherwise: * * * * “(5) ‘Person’ includes individuals, joint ventures, partnerships, corporations and…”
City of Portland v. Elec. Lightwave, Inc., 452 F. Supp. 2d 1049 (D. Or. 2005).
· cites it 2× “, Or.Rev.Stat. § 756.010(8) (Service includes equipment and facilities related to providing the service or product served.”
Pac. Nw. Bell Tel. Co. v. Katz, 853 P.2d 1346 (Or. Ct. App. 1993).
· cites it 3× “005(2)(g) provides: “ ‘Telecommunications service’ means two-way switched access and transport of voice communications * * 4 ORS 756.010 provides, in part: “As used in ORS chapters 756, 757, 758, 759, 760, 763, 764, 767 and 773, except as otherwise specifically provided or…”
Garrison v. Pac. Nw. Bell, 608 P.2d 1206 (Or. Ct. App. 1980).
“020 provides: "Every public utility is required to furnish adequate and safe service, equipment and facilities, and the charges made by any public utility for any service rendered or to be rendered in connection therewith shall be reasonable and just, and every unjust or…”
Holman Transfer Co. v. Pac. Nw. Bell Tel. Co., 599 P.2d 1115 (Or. 1979).
“” The statutory term "service” is defined by ORS 756.010(11) as follows: " 'Service’ is used in its broadest and most inclusive sense and includes equipment and facilities related to providing the service or the product served.”
Oregon Trail Elec. Consumers Coop., Inc. v. Co-Gen Co., 7 P.3d 594 (Or. Ct. App. 2000).
“15 Tracing the meaning of “public utility” for purposes of the statute on which Co-Gen relies, insofar as it might include a cogeneration facility, requires a walk through a series of related and cross-referenced statutes, including ORS 756.010(6); ORS 757.005; and ORS 758.”
Rogue Valley Sewer Servs. v. City of Phoenix, 329 P.3d 1 (Or. Ct. App. 2014).
“See ORS 756.010(4) (“As used in ORS chapters 756, 757, 758 and 759 *** ‘Municipality’ means any city, municipal corporation or quasi-municipal corporation.”
City of Bend v. Juniper Util. Co., 252 P.3d 341 (Or. Ct. App. 2011).
“005(l)(b) (exempting “[a]ny plant owned or operated by a municipality” from the definition of “public utility”); ORS 756.010 (“municipality” includes quasi-municipal corporations).”
Nw. Climate Conditioning Ass'n v. Lobdell, 720 P.2d 1281 (Or. Ct. App. 1986).
· cites it 3× “Northwest concedes that its inspection, adjustment and relighting activities are “services” under ORS 756.010(11) 3 and are subject to rate regulation and the tariff requirements of ORS 757.”
— Or. Rev. Stat. § 756.010(11) — 3 cases
Garrison v. Pac. Nw. Bell, 608 P.2d 1206 (Or. Ct. App. 1980).
“020 provides: "Every public utility is required to furnish adequate and safe service, equipment and facilities, and the charges made by any public utility for any service rendered or to be rendered in connection therewith shall be reasonable and just, and every unjust or…”
Holman Transfer Co. v. Pac. Nw. Bell Tel. Co., 599 P.2d 1115 (Or. 1979).
“” The statutory term "service” is defined by ORS 756.010(11) as follows: " 'Service’ is used in its broadest and most inclusive sense and includes equipment and facilities related to providing the service or the product served.”
Nw. Climate Conditioning Ass'n v. Lobdell, 720 P.2d 1281 (Or. Ct. App. 1986).
“Northwest concedes that its inspection, adjustment and relighting activities are “services” under ORS 756.010(11) 3 and are subject to rate regulation and the tariff requirements of ORS 757.”
— Or. Rev. Stat. § 756.010(12) — 1 case
Pac. Nw. Bell Tel. Co. v. Katz, 853 P.2d 1346 (Or. Ct. App. 1993).
“005(2)(g) provides: “ ‘Telecommunications service’ means two-way switched access and transport of voice communications * * 4 ORS 756.010 provides, in part: “As used in ORS chapters 756, 757, 758, 759, 760, 763, 764, 767 and 773, except as otherwise specifically provided or…”
— Or. Rev. Stat. § 756.010(4) — 5 cases
Springfield Util. Bd. v. Emerald Pud, 125 P.3d 740 (Or. 2005).
“The statutory definition of "municipality" set out in ORS 756.010(4) generally controls the meaning of that term in ORS 757.”
Rogue Valley Sewer Servs. v. City of Phoenix, 329 P.3d 1 (Or. Ct. App. 2014).
“See ORS 756.010(4) (“As used in ORS chapters 756, 757, 758 and 759 *** ‘Municipality’ means any city, municipal corporation or quasi-municipal corporation.”
— Or. Rev. Stat. § 756.010(5) — 1 case
Beaver Creek Coop. Tel. Co. v. Pub. Util. Comm'n, 50 P.3d 1231 (Or. Ct. App. 2002).
“However, ORS 756.010 does provide the following definition: *568 “As used in ORS chapter! ] * * * 759, except as otherwise specifically provided or unless the context requires otherwise: * * * * “(5) ‘Person’ includes individuals, joint ventures, partnerships, corporations and…”
— Or. Rev. Stat. § 756.010(6) — 3 cases
Springfield Util. Bd. v. Emerald Pud, 125 P.3d 740 (Or. 2005).
“The statutory definition of "municipality" set out in ORS 756.010(4) generally controls the meaning of that term in ORS 757.”
Oregon Trail Elec. Consumers Coop., Inc. v. Co-Gen Co., 7 P.3d 594 (Or. Ct. App. 2000).
“15 Tracing the meaning of “public utility” for purposes of the statute on which Co-Gen relies, insofar as it might include a cogeneration facility, requires a walk through a series of related and cross-referenced statutes, including ORS 756.010(6); ORS 757.005; and ORS 758.”
— Or. Rev. Stat. § 756.010(7) — 1 case
— Or. Rev. Stat. § 756.010(8) — 2 cases
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